Compendium of U.S. Copyright Practices, 3rd Edition

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1509.3 (C) Identifying Material

1509.3 (C) Identifying Material

When registering a visual arts work with identifying material, the applicant should submit photographic prints, transparencies, photostats, drawings, or similar two- dimensional reproductions or renderings of the work in a form that is visually perceptible without the aid of a machine or device. See 37 C.F.R. § 202.21 (A). The applicant should submit as many pieces of identifying material as necessary to show the entire copyrightable content of the work claimed in the application. Id. § 202.21 (B). In addition, the applicant should include the title of the work on the front, back, or mount for at least one piece of identifying material. Id. § 202.21 (D).

When registering a pictorial or graphic work, the identifying material should reproduce the actual colors employed in the work. In all other cases, the identifying material may be black and white or may consist of a reproduction of the actual colors. Id. § 202.21 (A).

If the work has been published with a copyright notice, the location and content of the notice should be included on at least one piece of identifying material. Id. § 202.21 (E). If the work was published without a notice, applicants may include any proprietary information concerning the owner, publisher, or distributor that was published on the work or on a tag, label, or packaging for the work.

NOTE: When registering a three-dimensional sculptural work fixed or published solely in the form of jewelry cast in base metal that exceeds four inches in any dimension, applicants are encouraged to submit photographs of the actual jewelry together with hand-drawn sketches or CAD drawings. If possible, applicants should eliminate reflected glare on the surface of the jewelry because it may inhibit the examination of the work.

Because a registration only covers the copyrightable authorship that is clearly shown in the identifying material, applicants are also encouraged to submit images of the jewelry from multiple perspectives, such as front, back, top-down, bottom, and side views.

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